At Knijff, we often emphasize the importance of trademark protection for artists. If you are not properly protected, or if your trademark rights are in the hands of someone who does not have your best interests at heart, the consequences can be serious. The popular former American boy band Why Don’t We experienced this firsthand after a recent court ruling following years of legal battles.

A German applicant filed a trademark application for GAME OF DONER for fast-food services. Home Box Office (HBO) opposed the application based on its well-known trademark GAME OF THRONES. Does GAME OF DONER unfairly take advantage of GAME OF THRONES?

When thinking of a trademark, you probably picture a brand name or logo, but distinctive signs come in many forms. For an average color or shape mark, however, consumers may struggle to perceive these marks as a source identifier. Recently, three applications for non-traditional trademarks were rejected—always something to learn from!

LEGO is undoubtedly an iconic brand for both young and old. In addition to design rights on the LEGO brick itself, LEGO also holds design rights on the LEGO minifigure as well as trademark rights on its classic shape. Not surprisingly, the toy manufacturer filed several applications for the cancellation of toy figure design registrations of third parties over the past years.

Louis Vuitton is globally recognized for its iconic pattern, but the name itself is also a widely known trademark. It is common for brands to register the abbreviation of their brand name. Louis Vuitton also registered 'L.V,' an abbreviation frequently seen on their bags and clothing. This registration proved useful, as Louis Vuitton recently had to take action against a Finnish company that filed a European application for the word mark 'LV' for cleaning products. Is there a risk of confusion?

Lovin’ it – sounds familiar? You’re probably thinking of McDonald’s, but interestingly, it wasn’t McDonald’s that filed this slogan as a trademark in the European Union. A Greek company applied for this figurative mark for chocolate beverages. McDonald’s, well-known for its slogan “I’M LOVIN’ IT!”, filed an opposition against the application. Does the Greek company stand a chance?

Marlboro's opposition against the European trademark application of Gold Mikaello: the Gold Mikaello cigarette pack stands out because it replicates several key elements of Marlboro's iconic design. Does Gold Mikaello likely gain an unfair advantage by leveraging Marlboro's established reputation in the tobacco industry?

Everyone knows the IKEA logo: an oval shape surrounding the letters "IKEA" and iconic blue and yellow colour scheme. In January 2024, a Chinese company from Shenzhen filed a trademark application for a logo that looked suspiciously similar to IKEA's. The only difference was that it featured the word ‘IKIKI’ rather than IKEA. Both words begin with IK, but the main similarity concerns the graphic elements, as anyone who sees the Chinese logo would automatically think of IKEA.

Imagine: you buy a beautiful cream-colored coat and read "Champagne" as the color on the label. Sounds fine, right? Well, not for everyone. For the Comité Interprofessionnel du Vin de Champagne (CIVC), which represents over three thousand Champagne producers and all things sparkling and French, the use of the term Champagne on clothing labels was a step too far. They argued that the American fashion brand Cult Gaia, by using this term, was exploiting, diluting, and harming the reputation of the name Champagne

You may be familiar with Hyundai as a car brand but did you know that there is also a Hyundai Technology, a Hyundai Motor Company and an HD Hyundai Co.? The first company is located in Puerto Rico, while the other two are South Korean. Hyundai Technology filed an opposition against an application for the wordmark ‘Hyundai’ for computer monitors and systems from the two South Korean companies on the grounds that its older European and German trademarks bear the same name. 

Can anyone realistically claim exclusive trademark rights to a golden champagne bottle? After all, gold is often used to enhance a product's upscale image. However, conflicts do arise from time to time, as we recently saw in an interesting case before the European Trademarks Office. The case concerned a shape mark consisting of a golden bottle from Sensi Vigne & ViniS.r.l., an Italian wine and champagne producer.

The New York Times described Rotterdam as a prime city for investment and for good reason. The city’s strategic location alongside the river Maas makes it highly accessible and it is clear for all to see that Rotterdam, renowned for its daring architecture and vibrant cultural initiatives, is a booming city.

Some people wear Crocs as a fashion statement in the city, while others wear them strictly in the privacy of their garden and hide them behind the door the minute they go back inside. The Crocs shoes below aren’t everyone’s thing. However, we are talking about Crocs here − aren’t we? Sufang Yan, a Slovakian company, registered the shoes shown above as a European design in 2022.

'They say that Duvel is named after the Devil, but drink and you will see God'. Duvel is a strong, blonde Belgian beer with a firm head and a fresh citrus flavour. It is brewed by Brouwerij Duvel Moortgat, a Belgian family brewery founded in 1871. Duvel has remained unchanged since 1923. The brewery has built a solid reputation and now exports its products to 72 countries.

Did you know that the word SMILEY is a trademark, as well as the Smiley emoticon? These cheerful trademarks were registered by The Smiley Company, a company that issues licenses for the Smiley trademark for a wide range of products including shirts, shoes and food, illustrating that licensing can serve as a revenue model.

While EU trademark law lacks a precise definition of bad faith, recent case law from the European Court of Justice clarified the interpretation. Aiming for consistency across Europe, a new common approach for IP Offices of EU Member States is introduced to address bad faith in trademark applications: Convergence Program 13 or simply CP13.

There is a current trend towards granting legal personality to nature. The idea is that this makes it possible to grant nature rights that can be explicitly taken into account when decisions are being made, or even enforced on nature’s behalf. This is already happening in Spain, where the Mar Menor lagoon has acquired legal personality. In the Netherlands, a politician has started lobbying to grant rights to Limburg’s hilly landscape.

A Japanese economist by the name of Yoshida recently published a calculation showing that subject to certain conditions and assumptions, everyone in Japan will have Sato as their last name by 2531. Why? Well, Japan is the only country in the world where spouses must have the same last name. Yoshida raised the issue − with success − to draw attention to what he considers to be an outdated law.